To Reauthorize the Grant Program of the Department of Justice for Reentry of Offenders

HR 4676 IH

108th CONGRESS

2d Session

H. R. 4676

To reauthorize the grant program of the Department of Justice for reentry of offenders into the community, to establish a task force on Federal programs and activities relating to the reentry of offenders into the community, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

June 23, 2004

Mr. PORTMAN (for himself, Mr. DAVIS of Illinois, Mr. SOUDER, Mrs. JONES of Ohio, Mr. CHABOT, and Mr. CANNON) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Second Chance Act of 2004: Community Safety Through Recidivism Prevention' or the `Second Chance Act of 2004'.

SEC. 2. FINDINGS.

Congress finds the following:

(1) In 2002, 2,000,000 people were incarcerated in Federal or State prisons or in local jails. Nearly 650,000 people are released from incarceration to communities nationwide each year.

(2) There are over 3,200 jails throughout the United States, the vast majority of which are operated by county governments. Each year, these jails will release in excess of 10,000,000 people back into the community.

(3) Nearly two-thirds of released State prisoners are expected to be rearrested for a felony or serious misdemeanor within three years after release.

(4) In his 2004 State of the Union address, President Bush correctly stated: `We know from long experience that if [former prisoners] can't find work, or a home, or help, they are much more likely to commit more crimes and return to prison. . . . America is the land of the second chance, and when the gates of the prison open, the path ahead should lead to a better life.'

(5) In recent years, a number of States and local governments have begun to establish improved systems for reintegrating former prisoners. Under such systems, corrections officials begin to plan for a prisoner's release while the prisoner is incarcerated and provide a transition to needed services in the community.

(6) Faith leaders and parishioners have a long history helping ex-offenders transform their lives. Through prison ministries and outreach in communities, churches and faith-based organizations have pioneered re-entry services to prisoners and their families.

(7) Successful reentry protects those who might otherwise be crime victims. It also improves the likelihood that individuals released from prison or juvenile detention facilities can pay fines, fees, restitution, and family support.

(8) According to the Bureau of Justice Statistics, expenditures on corrections alone increased from $9,000,000,000 in 1982 to $44,000,000,000 in 1997. These figures do not include the cost of arrest and prosecution, nor do they take into account the cost to victims.

(9) Increased recidivism results in profound collateral consequences, including public health risks, homelessness, unemployment, and disenfranchisement.

(10) The high prevalence of infectious disease, substance abuse, and mental health disorders that has been found in incarcerated populations demands that a recovery model of treatment should be used for handling the more than two-thirds of all offenders with such needs.

(11) One of the most significant costs of prisoner reentry is the impact on children, the weakened ties among family members, and destabilized communities. The long-term generational effects of a social structure in which imprisonment is the norm and law-abiding role models are absent are difficult to measure but undoubtedly exist.

(12) According to the 2001 national data from the Bureau of Justice Statistics, 3,500,000 parents were supervised by the correctional system. Prior to incarceration, 64 percent of female prisoners and 44 percent of male prisoners in State facilities lived with their children.

(13) Between 1991 and 1999, the number of children with a parent in a Federal or State correctional facility increased by more than 100 percent, from approximately 900,000 to approximately 2,000,000. According to the Bureau of Prisons, there is evidence to suggest that inmates who are connected to their children and families are more likely to avoid negative incidents and have reduced sentences.

(14) Approximately 100,000 juveniles (ages 17 and under) leave juvenile correctional facilities, State prison, or Federal prison each year. Juveniles released from confinement still have their likely prime crime years ahead of them. Juveniles released from secure confinement have a recidivism rate ranging from 55 to 75 percent. The chances that young people will successfully transition into society improve with effective reentry and aftercare programs.

(15) Studies have shown that from 15 percent to 27 percent of prisoners expect to go to homeless shelters upon release from prison.

(16) The National Institute of Justice has found that after one year of release, up to 60 percent of former inmates are not employed.

(17) Fifty-seven percent of Federal and 70 percent of State inmates used drugs regularly before prison, with some estimates of involvement with drugs or alcohol around the time of the offense as high as 84 percent (BJS Trends in State Parole, 1990-2000).

(18) According to the Bureau of Justice Statistics, 60 to 83 percent of the Nation's correctional population have used drugs at some point in their lives. This is twice the estimated drug use of the total United States population of 40 percent.

(19) Family-based treatment programs have proven results for serving the special population of female offenders and substance abusers with children. An evaluation by the Substance Abuse and Mental Health Services Administration of family-based treatment for substance abusing mothers and children found that at six months post treatment, 60 percent of the mothers remain alcohol and drug free, and drug related offenses declined from 28 to 7 percent. Additionally, a 2003 evaluation of residential family based treatment programs revealed that 60 percent of mothers remained clean and sober six months after treatment, criminal arrests declined by 43 percent, and 88 percent of the children treated in the program with their mothers remain stabilized.

(20) A Bureau of Justice Statistics analysis indicated that only 33 percent of Federal and 36 percent of State inmates had participated in residential inpatient treatment programs for alcohol and drug abuse 12 months before their release. Further, over one-third of all jail inmates have some physical or mental disability and 25 percent of jail inmates have been treated at some time for a mental or emotional problem.

(21) According to the National Institute of Literacy, 70 percent of all prisoners function at the two lowest literacy levels.

(22) The Bureau of Justice Statistics has found that 27 percent of Federal inmates, 40 percent of State inmates, and 47 percent of local jail inmates have never completed high school or its equivalent. Furthermore, the Bureau of Justice Statistics has found that less educated inmates are more likely to be recidivists. Only 1 in 4 local jails offer basic adult education programs.

(23) Participation in State correctional education programs lowers the likelihood of reincarceration by 29 percent, according to a recent United States Department of Education study. A Federal Bureau of Prisons study found a 33 percent drop in recidivism among federal prisoners who participated in vocational and apprenticeship training.

SEC. 3. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER STATE AND LOCAL REENTRY DEMONSTRATION PROJECTS.

(a) Adult and Juvenile Offender Demonstration Projects Authorized- Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended in subsection (b) by striking paragraphs (1) through (4) and inserting the following new paragraphs:

`(1) establishing or improving the system or systems under which--

`(A) the correctional agency of the State or local government develops and carries out plans to facilitate the reentry into the community of each offender in State or local custody;

`(B) the supervision and services provided to offenders in State or local custody are coordinated with the supervision and services provided to offenders after reentry into the community;

`(C) the efforts of various public and private entities to provide supervision and services to offenders after reentry into the community, and to family members of such offenders, are coordinated; and

`(D) offenders awaiting reentry into the community are provided with documents (such as identification papers, referrals to services, medical prescriptions, job training certificates, apprenticeship papers, and information on obtaining public assistance) useful in achieving a successful transition from prison;

`(2) carrying out programs and initiatives by units of local government to strengthen reentry services for individuals released from local jails;

`(3) enabling prison mentors of offenders to remain in contact with those offenders, including through the use of such technology as videoconferencing, during incarceration and after reentry into the community and encouraging the involvement of prison mentors in the reentry process;

`(4) providing structured post-release housing and transitional housing, including group homes for recovering substance abusers, through which offenders are provided supervision and services immediately following reentry into the community;

`(5) assisting offenders in securing permanent housing upon release or following a stay in transitional housing;

`(6) providing continuity of health services (including mental health services, substance abuse treatment and aftercare, and treatment for contagious diseases) to offenders in custody and after reentry into the community;

`(7) providing offenders with education, job training, English as a second language programs, work experience programs, self-respect and life skills training, and other skills useful in achieving a successful transition from prison;

`(8) facilitating collaboration among corrections and community corrections, technical schools, community colleges, and the workforce development and employment service sectors to--

`(A) promote, where appropriate, the employment of people released from prison and jail, through efforts such as educating employers about existing financial incentives and facilitate the creation of job opportunities, including transitional jobs, for this population that will benefit communities;

`(B) connect inmates to employment, including supportive employment and employment services, before their release to the community; and

`(C) addressing barriers to employment;

`(9) assessing the literacy and educational needs of offenders in custody and identifying and providing services appropriate to meet those needs, including follow-up assessments and long-term services;

`(10) systems under which family members of offenders are involved in facilitating the successful reentry of those offenders into the community, including removing obstacles to the maintenance of family relationships while the offender is in custody, strengthening the family's capacity as a stable living situation during re-entry where appropriate, and involving family members in the planning and implementation of the re-entry process;

`(11) programs under which victims are included, on a voluntary basis, in the reentry process;

`(12) programs that facilitate visitation and maintenance of family relationships with respect to offenders in custody by addressing obstacles such as travel, telephone costs, mail restrictions, and restrictive visitation policies;

`(13) identifying and addressing barriers to collaborating with child welfare agencies in the provision of services jointly to offenders in custody and to the children of such offenders;

`(14) implementing programs in correctional agencies to include the collection of information regarding any dependent children of an incarcerated person as part of intake procedures, including the number of children, age, and location or jurisdiction, and connect identified children with appropriate services;

`(15) addressing barriers to the visitation of children with an incarcerated parent, and maintenance of the parent-child relationship, such as the location of facilities in remote areas, telephone costs, mail restrictions, and visitation policies;

`(16) creating, developing, or enhancing prisoner and family assessments curricula, policies, procedures, or programs (including mentoring programs) to help prisoners with a history or identified risk of domestic violence, dating violence, sexual assault, or stalking reconnect with their families and communities as appropriate (or when it is safe to do so) and become mutually respectful, nonabusive parents or partners, under which particular attention is paid to the safety of children affected and the confidentiality concerns of victims, and efforts are coordinated with existing victim service providers;

`(17) developing programs and activities that support parent-child relationships, such as--

`(A) using telephone conferencing to permit incarcerated parents to participate in parent-teacher conferences;

`(B) using videoconferencing to allow virtual visitation when incarcerated persons are more than 100 miles from their families;

`(C) the development of books on tape programs, through which incarcerated parents read a book into a tape to be sent to their children;

`(D) the establishment of family days, which provide for longer visitation hours or family activities; or

`(E) the creation of children's areas in visitation rooms with parent-child activities;

`(18) expanding family-based treatment centers that offer family-based comprehensive treatment services for parents and their children as a complete family unit;

`(19) conducting studies to determine who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety;

`(20) developing or adopting procedures to ensure that dangerous felons are not released from prison prematurely;

`(21) developing and implementing procedures to assist relevant authorities in determining when release is appropriate and in the use of data to inform the release decision;

`(22) developing and implementing procedures to identify efficiently and effectively those violators of probation or parole who should be returned to prison;

`(23) utilizing established assessment tools to assess the risk factors of returning inmates and prioritizing services based on risk;

`(24) conducting studies to determine who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety;

`(25) facilitating and encouraging timely and complete payment of restitution and fines by ex-offenders to victims and the community;

`(26) developing or adopting procedures to ensure that dangerous felons are not released from prison prematurely;

`(27) establishing or expanding the use of reentry courts to--

`(A) monitor offenders returning to the community;

`(B) provide returning offenders with--

`(i) drug and alcohol testing and treatment; and

`(ii) mental and medical health assessment and services;

`(C) facilitate restorative justice practices and convene family or community impact panels, family impact educational classes, victim impact panels, or victim impact educational classes;

`(D) provide and coordinate the delivery of other community services to offenders, including--

`(i) housing assistance;

`(ii) education;

`(iii) employment training;

`(iv) children and family support;

`(v) conflict resolution skills training;

`(vi) family violence intervention programs; and

`(vii) other appropriate social services; and

`(E) establish and implement graduated sanctions and incentives; and

`(28) providing technology to advance post release supervision.'.

(b) Juvenile Offender Demonstration Projects Reauthorized- Such section is further amended in subsection (c) by striking `may be expended for' and all that follows through the period at the end and inserting `may be expended for any activity referred to in subsection (b).'.

(1) by redesignating subsection (h) as subsection (o); and

(2) by striking subsections (d) through (g) and inserting the following new subsections:

`(d) Applications- A State, unit of local government, territory, or Indian tribe desiring a grant under this section shall submit an application to the Attorney General that--

`(1) contains a reentry strategic plan, which describes the long-term strategy, and a detailed implementation schedule, including the jurisdiction's plans to pay for the program after the Federal funding is discontinued;

`(2) identifies the governmental agencies and community and faith-based organizations that will be coordinated by, and collaborate on, the applicant's prisoner reentry strategy and certifies their involvement; and

`(3) describes the methodology and outcome measures that will be used in evaluating the program.

`(e) Priority Consideration- The Attorney General shall give priority to grant applications that best--

`(1) focus initiative on geographic areas with a substantiated high population of ex-offenders;

`(2) include partnerships with community-based organizations, including faith-based organizations;

`(3) provide consultations with crime victims and former incarcerated prisoners and their families;

`(4) review the process by which the State adjudicates violations of parole or supervised release and consider reforms to maximize the use of graduated, community-based sanctions for minor and technical violations of parole or supervised release;

`(5) establish pre-release planning procedures for prisoners to ensure that a prisoner's eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security, and Veterans benefits) upon release is established prior to release, subject to any limitations in law, and to ensure that prisoners are provided with referrals to appropriate social and health services or are linked to appropriate community-based organizations; and

`(6) target high-risk offenders for reentry programs through validated assessment tools.

`(f) Requirements- The Attorney General may make a grant to an applicant only if the application--

`(1) reflects explicit support of the chief executive officer of the State or unit of local government, territory, or Indian tribe applying for a grant under this section;

`(2) provides extensive discussion of the role of State corrections departments, community corrections agencies, juvenile justice systems, or local jail systems in ensuring successful reentry of ex-offenders into their communities;

`(3) provides extensive evidence of collaboration with State and local government agencies overseeing health, housing, child welfare, education, and employment services, and local law enforcement;

`(4) provides a plan for analysis of existing State statutory, regulatory, rules-based, and practice-based hurdles to a prisoner's reintegration into the community that--